An affidavit is a written, sworn statement of facts voluntarily made by a person also known as affiant under oath before a notary public or an authorized official.

It confirms that the details provided are correct based on what he or she knows and makes this statement in front of a notary public, who is authorized by the government.

This sworn statement is then given a great deal of weight, as legal consequences can follow should some of these statements be proven false.

Affidavits are commonly used in legal cases, property disputes, financial matters, and official declarations.

Courts rely on them for evidence and testimony and institutions such as banks will often require them for any transaction done.

Affidavits can range from very simple one-page affidavits to more complex multi-page affidavits used for testimony in court but some common features occur in each.

All Affidavits in the Philippines contain some common components, though the details of the Affidavit may differ widely in substance.

These features are:

• Written Document– Affidavits must be in written form
• Affiant’s Personal Information – An Affiant is the person making the statement and details such as their full name, address and ID are included in the Affidavit. This helps show who the affiant is and their trustworthiness.
• Signature of the Affiant- The Affiant must sign that the document in front of the Notary Public
• Statement of Facts- An Affiant must have personal knowledge of the facts written as hearsay is highly discouraged
• Attestation by the Notary Public- The Notary Public must attest that as to the Affiant’s identity and witnesses the signing of the document
• Documentary Stamp- This is required and can be bought at the notary or at the BIR

An affidavit must be notarized.

Without notarization, an affidavit is just an unsworn statement and may not be accepted in legal proceedings.

Different types of notarial acts are named different things, with jurat perhaps the most common.

Jurat is a notarial act where an individual appears at a Notary and swears to the statements in the document and signs the document.

There is a great deal of variation in the situations Affidavits cover, as there is a wide range of situations that require the use of Affidavits.

The legal rules about affidavits in the Philippines are important to keep them valid and used correctly.

There are several laws that govern the use of Affidavits, namely:

• The Rules of Court deal briefly with this
• Judicial Affidavit Rule and other Topic Specific Laws govern the use of Affidavits in specific settings
• Notarial Rules discuss the role of the Notary Public, who carries a heavy responsibility with regard to Affidavits as notarization is a crucial step in ensuring that Affidavits are given weight by judicial and other institutions.

There are also laws that deal with misusing affidavits, like perjury.

The notary public is very important for handling affidavits as the testify to the identity of the witness and that they swore in front of him that the information was true and correct.

They are governed by the 2004 Rules on Notarial Practice which regulate them and list their responsibilities.

These responsibilities are:

• Safekeeping of the document Notaries are required to keep a copy of the document for a prescribed period
• Administration of the oath that the affiant swears to
• Confirmation of the identity of the affiant through either personal knowledge or the presentation of valid proofs of identity.

Notarization involves several key steps done by the notary public.

First, they check the affiant’s ID to confirm their identity.

Next, the notary gives the oath, where the affiant promises that the information in the affidavit is true.

Finally, the notary signs the document and puts their official seal on it, which shows that the affidavit is real.

The legal issues from giving a false affidavit are strict.

If you knowingly lie under oath, it is called perjury.

Perjury is a serious offence in the Philippines as found in Art 183 of the Revised Penal Code of the Philippines and carries with it the penalty of:

• Arresto mayor which can be from 1 month and 1 day to 6 months to
• Prision correccional which is imprisonment from 6 months and 1 day to 6 years.

It is important that any Affidavit presents true statements, as there can be unforeseen legal consequences to inaccuracies.

Affidavits in the Philippines are used for many purposes, and they come in different forms.

Some are very simple and cover personal transactions.

Some are very complicated and can deal with very complex situations or are used in court.

Let’s look at some common kinds of affidavits used in the Philippines, such as:

• Affidavit of Loss which is required when a document is lost
• Affidavit of Support which may be used in child support agreements
• Affidavit of Co-habitation which may be used to get married without a marriage license
• Affidavit of Undertaking – which may be used to fulfill an obligation (common in business and legal settlements).
• Affidavit of Consent – which can be used when a parent is permitting a minor to perform a certain action. It is often used for children traveling abroad without a parent, but please note that whether or not it is accepted depends on the receiving country’s immigration laws.
• Affidavit of Two Disinterested Persons – Used to confirm details of an event (e.g., birth, marriage, residency).
• Affidavit of Heirship or the Extrajudicial Settlement of Estate  which is used to settle an estate when there are multiple heirs
• Affidavit of Sole Heir or the Deed of Sole Adjudication which is used to settle an estate when there is one heir
• Affidavit of Discrepancy – identifies and clarifies discrepancies in personal information across documents—such as names, birth dates, gender, or civil status.
• Judicial Affidavits which is used in court

I’ll go through each in more detail down below.

Affidavit of Loss

An Affidavit of Loss is a common document in the Philippines.

People use this affidavit when they’ve lost important papers like passports, driver’s licenses, or other official documents.

They are generally are required to submit this for lost government IDs such as driver’s licenses or passports or for missing ATM cards and checkbooks.

They are also often required to submit this for Reissuance cases, as this document explaining how the title was lost is the first requirement when trying to replace a lost land title.

The Affidavit must contain the components listed above but it should also

• Describe in detail what was lost
• Describe how it was lost

Affidavit of Support

An Affidavit of Support is often used as an informal agreement between parties regarding child support.

Aside from the above-mentioned requirements, it will need the amount requested for child support and often where that support will be used for the child.

It is often used in place of a formal court case since a court case may be too expensive to do.

A court case has several advantages over an Affidavit of Support however, as non-compliance of the agreement can be penalized by the court.

Affidavit of Co-habitation

An Affidavit of Cohabitation is used to remove the need for a marriage license in the Philippines.

Its legal basis is from Article 34 of the Family Code of the Philippines, which specifically states that No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.”

It must state:

• The parties have lived together as husband and wife for 5 years
• There is no legal impediment to marry

It is submitted to the Local Civil Registrar along with your CENOMAR and IDs, after which notice of intent to marry is posted.

It is important to follow the correct process for this or to get a marriage license if the requirements do not apply to you.

It is always best to consult a competent family lawyer on this, as well as on other pre-nuptial matters to avoid issues around Conjugal Property.

Affidavit of Heirship or Extrajudicial Settlement of Estate

An Affidavit of Heirship defines who the heirs when there is no will so that an estate can be settled.

In the Philippines, the equivalent document to the Affidavit of Heirship is the Extrajudicial Settlement of Estate.

They are very similar, as they both contain:

• Details of the deceased and the heirs including names, addresses, citizenship as well as how they are related
• Property details identifying properties
• Date and place of death

An extrajudicial settlement will also have:

• PSA documents such as the Birth Certificates, Death certificates and Marriage certificates of the parties involved
• Property documents such as the original title and tax declarations of the real properties and equivalent property documents for other assets

An extrajudicial settlement is a primary document that can be used to settle an estate by itself.

However, an Affidavit of Heirship may be used by itself or in conjunction with other legal documents or processes to settle an estate depending on the jurisdiction.

Affidavit of Sole Heir or Deed of Sole Adjudication

In situations where a deceased person has just one heir, a legal document called the Affidavit of Sole Heir is used.

In the Philippines, the equivalent document is called the Deed of Sole Adjudication.

The document is almost the same as the Affidavit of Heirship above, with the exception that only one heir is identified.

If used in the Philippines, it can be used on its own with the same attachments as required of an Extrajudicial Settlement of Estate.

It must be notarized and registered with the BIR, City Hall and the Registry of Deeds if real property and the equivalent government registries for other property.

Affidavit of Discrepancy

Affidavit of Discrepancy is a written statement under oath that identifies and clarifies discrepancies in personal information across documents—such as names, birth dates, gender, or civil status.

It is used to support corrections in records held by government agencies, schools, banks, or other institutions. Common discrepancies are Misspelled names (e.g., “Mary Anne” vs. “Maria Ana”), Wrong birth dates or places, Inverted first and middle names

Missing suffixes (e.g., “Jr.”), Maiden vs. married surnames

It is important to note however that the affidavit itself does not correct the error. It only supports a petition for correction.

Affidavit of Undertaking

An Affidavit of Undertaking in the Philippines is a sworn statement where the affiant promises to fulfil a specific obligation or acknowledges a responsibility.

It is often required when you need to submit a document that is not yet available, fulfill a future obligation, or assure an agency of your compliance with rules or timelines.

It must state:

• affiant’s full personal details (name, age, civil status, nationality, and address)
• voluntary statement that the affidavit is executed freely
• clearly state the purpose of the undertaking
• the specific obligation being committed to, the reason behind it, and any deadlines involved
• It should affirm that the information is true
• notarization section with the notary’s signature, seal, and the date of notarization

Affidavit of consent

An Affidavit of Consent in the Philippines is a sworn, notarized document where a person, usually a parent, legal guardian, or spouse formally gives permission for another individual to perform a legal act or decision.

It is commonly used in situations where legal or parental consent is required.

A common situation would be when a parent allows a child above the age of 18 but below the age of 21 to marry or when a spouse allows another spouse to enter into a property transaction.

Sometimes, it is used for travel but please check the receiving country’s immigration laws since not all countries will accept it.

This document affirms that the person giving consent understands the action involved, agrees to it freely, and acknowledges any legal implications.

Affidavit of Two-Disinterested Person

An Affidavit of Two Disinterested Persons is a sworn written statement made by two people who are not related to you and don’t have anything to gain from your situation.

These people simply want to help confirm the truth about something like your identity or birth or when official documents are missing.

This document is used when need someone to back up your story, it helps to prove something is true.

Two honest, unrelated people simply write down what they know about you, sign it, and have it notarized.

It’s a common way to support your claim when paperwork is incomplete.

Judicial Affidavits and their Role in Court

In court proceedings, judicial affidavits are often used to present a witnesses testimony.

It is not relied on in and of itself as the witnesses are required to swear to its contents in court but serves as a useful definition way to expedite proceedings, due to the cleaner organization of ideas.

The basis for the use of Judicial Affidavit Rule can be found in the Judicial Affidavit Rule or A.M. No. 12-8-8-SC released by the Supreme Court in 2012, which laid out specific guidelines for its use.

The affidavit sworn statement Philippines steps include:

Step 1: Identify the Purpose

Determine why you need an affidavit and what information must be included.

Step 2: Use a Proper Format

Ensure it includes the title, personal details, statement of facts, and conclusion.

Step 3: Write in Clear, Concise Language

Avoid vague statements; be specific about names, dates, and events.

Step 4: Sign Before a Notary Public

Bring a valid ID and sign the affidavit in front of a notary for it to be legally binding.

Step 5: Keep Copies for Future Use

Always keep a notarized copy for reference or future legal proceedings.

To make things clearer, here is a sample affidavit format template for reference.

Sample Affidavit of Sole adjudication/ Deed of Sole Adjudication

This is a basic template and the specific content and format may vary depending on the intended use and requirements.

REPUBLIC OF THE PHILIPPINES
[City/Municipality]
[Province]

AFFIDAVIT OF SOLE HEIR / DEED OF SOLE ADJUDICATION

I, [Your Full Name], of legal age, [civil status], Filipino citizen, and a resident of [Complete Address], after being duly sworn to in accordance with law, hereby declare:

1. That I am the only surviving legal heir of the late [Full Name of the Deceased], who died intestate (without a will) on [Date of Death] at [Place of Death];
2. That the deceased was a resident of [Last Residence of the Deceased] at the time of death and had no other surviving spouse, child/children, parents, or relatives who may inherit from his/her estate;
3. That to the best of my knowledge, the deceased left no debts or obligations at the time of death;
4. That the deceased left the following property(ies):
   • [Example: A parcel of land located at (Address), covered by TCT No. __________]
   • [Other assets such as bank accounts, vehicles, etc., if applicable]
5. That I am executing this Affidavit to declare myself as the sole heir and for the purpose of complying with legal requirements for the settlement, transfer, or claim over the deceased’s estate or assets, and for submission to any appropriate agency, bank, or government office.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of _________, 20 at ____________, Philippines.

[Signature over Printed Name]
Affiant / Sole Heir

Valid ID Presented: ___________________________
Issued On/By: _________________________________

SUBSCRIBED AND SWORN TO before me this ___ day of _________, 20 at ____________, Philippines. The affiant personally appeared before me and presented competent evidence of identity.

NOTARY PUBLIC

Doc. No. _____;
Page No. _____;
Book No. __;
Series of 20__.

IMPORTANT REMINDER:

A Deed of Sole Adjudication is a document used to transfer an inheritance from the deceased when there is only one heir.

Though it may seem simple, a Deed of Sole Adjudication carries significant legal weight that requires careful analysis of supporting documents.

Even if you say it is easy to do because you are the only one inheriting it, a thorough analysis is still necessary.

I have list all the possible ways that may go WRONG in creating a Deed of Sole adjudication:

1. DIY without legal review

• Writing and filing the deed without consulting a lawyer or legal expert may overlooking small but critical technicalities that can lead to nullity or delays of the deed

2. Wrongly declaring yourself as the sole heir

• Failing to recognize the existence of other legitimate, illegitimate, or compulsory heirs
• Ignoring heirs due to family disputes or assumptions
• Not verifying adopted or illegitimate children’s rights under Philippine law

3. Using incomplete or inaccurate legal language

• Not following the correct legal format or wording required for deeds
• Failing to include key phrases (e.g., “subject to the rights of creditors”)
• Omitting essential data like the decedent’s complete name, date of death, or your relationship

4. Not having supporting documents

• Missing documents (e.g., Death certificate, Birth certificate (to prove relationship) Certificate of No Will (if required))
• Failing to secure Affidavit of Publication after the notice is printed in a newspaper

5. Overlooked debts of the deceased

• Not stating that the deed is “subject to the rights of creditors”
• This may result in creditors going after you to collect the deceased’s debts

6. Lack of Witnesses (if required by the notary)

• Not bringing required witnesses for notarization or witnesses being disqualified

Aside from this, there are important factors to consider before a Deed of Sole Adjudication becomes fully effective.

Simply preparing the document is not enough.

Several additional steps must be taken, including the following:

1. It is required publication

• Publishing in a newspaper of general circulation for 3 consecutive weeks
• Proof of publication is required for title transfer

2. Settle Estate tax from BIR

• Filing Estate Tax Return is mandatory to secure Certificate Authorizing Registration (CAR or eCAR)
• Missing the 1-year deadline from date of death leading to penalties and interest

3. Register with the right Government Office

• It must be registered to the Register of Deeds for lands and Municipal Assessor’s Office for real property tax
• To complete the transfer of title to your name and submission of new owner’s information

A Deed of sole adjudication is not actually easy to do.

What truly matters is not just the draft, but the careful review and analysis of supporting documents to ensure accuracy and full legal compliance.

If you are planning to create an affidavit, it is advisable to consult a lawyer for proper guidance.

Mistake 1: Using Vague or Inaccurate Information

An affidavit must be based on firsthand knowledge; avoid assumptions or second-hand information.

Mistake 2: Forgetting Notarization

Without notarization, an affidavit holds little legal weight.

Mistake 3: Missing Key Details

Include dates, names, and locations to ensure the document is valid.

Mistake 4: Using Unclear or Incorrect Legal Terms

If unsure, consult a lawyer to avoid errors that could make the affidavit invalid.

You can have an affidavit notarized at law offices, notary public offices, and some municipal halls.

Notarization fees typically range from PHP 100 to PHP 500, depending on the document type and location.

Notarization can also be a percentage of the property value, when the document is a deed of sale or an EJS although this varies per notary.

What is an affidavit in the Philippines?

An Affidavit is a sworn signed written statement that is notarized.

Who can execute an affidavit in the Philippines?

An Affidavit can be created by any one with legal capacity and must be notarized by a public notary.

What are the kinds of affidavits?

There are several common kinds of Affidavits used in the Philippines such as the Affidavit of Loss, Affidavit of Support, Affidavit of Cohabitation and Judicial Affidavits among others.

What is judicial affidavit rule Philippines?

The Judicial Affidavit Rule as stated in A.M. No. 12-8-8-SC tries to streamline court proceedings through the use of written sworn statements of fact which are presented in court and to which the witness swears to. These written sworn statements are called Judicial Affidavits.

What are the specific affidavit requirements Philippines for notarization?

An Affidavit can be notarized when the notary believes that the statements contained are true, when there is correct proof of identity, when it is signed or marked appropriately and when documentary stamps are affixed.

Can I write my own affidavit, or do I need a lawyer?

Yes, you can write your own affidavit as long as it follows the correct format and contains truthful statements. However, consulting a lawyer is recommended to ensure accuracy and legal validity, especially when the affidavit is complex and to be used in court.

What happens if I lie in an affidavit?

A false affidavit can lead to legal penalties, including perjury charges.

Is an affidavit legally binding in the Philippines?

Yes, an affidavit is legally binding in the Philippines as long as it is sworn under oath, contains truthful statements, and is duly notarized.

How long is an affidavit valid?

An affidavit does not expire, but its relevance depends on the situation.

What is an Affidavit of Identity and when is it used? Or “Ano ang affidavit of identity na pwedeng gamitin?”

To address the question “Ano ang affidavit of identity na pwedeng gamitin?”: An Affidavit of Identity is a sworn legal document used to confirm a person’s identity, especially when there are name discrepancies or missing valid IDs.